HOA Disputes – Loss of Use from HOA’s Failure to Repair Common Areas
Insurance companies put up formidable defenses against even the most meritorious loss of use claims. Many of our condo damage cases involve an HOA's flat out refusal and/or failure to make repairs to common areas that are required to be made before our client can then restore and repair his/her
HOA Disputes – Pre-Litigation Mediation Of Condo Damage Disputes
Our HOA Dispute Attorneys will at all times and where feasible, seek to mediate a homeowner's condo damage case in order to avoid the expense and stress of litigation. The hard truth is that these HOA condo damage cases rarely settle prior to filing suit because of several factors.
Business Interruption Insurance and Bad Faith Denials
Many small businesses have business interruption coverage. While many policies have "virus" exclusions that may apply here, some don't. Furthermore, the language in the insurance policy matters. Many businesses are not open as a result of CA's Executive Orders and not necessarily because an employee or the business was directly
COVID-19 Update from LA Superior Court – What Happens To My Civil Case Currently Pending?
Immediately below this message is the March 16, 2020 update from Presiding Judge Kevin C. Brazile regarding the changes to our civil court system amid the Covid-19 pandemic. Things are going to slow down and that includes cases and settlements. Trials and trial dates are factors that go into every
HOA/Condo Damage Disputes – Does The HOA’s Insurance Policy Cover Damage To My Unit
Just about every HOA CC&Rs we've ever reviewed has an "INSURANCE" section stating the policies the HOA must maintain and those it may choose to maintain. The Insurance section of your CC&Rs will also typically specify (a) whether an owner is required to carry insurance; (b) the type of insurance
Property Damage Attorney – What’s The Statue of Limitation On Permanent Encroachments In Property Line Disputes?
Property line disputes between adjacent property owners are not uncommon. And these conflicts often result in competing trespass and nuisance claims. The core issue generally hinges on whether the encroachment is temporary or permanent. This is an important differentiation, as California law distinguishes between the two conditions. And given that
HOA Dispute Attorney – How Should Improper Hardwood Floor Installations That Generate HOA Noise Complaints Be Handled?
Improper or illegal hardwood floor installations in condominium living situations generate a constant stream of litigation in the greater Los Angeles area. Most homeowners’ associations specifically address hardwood floor installation in their CC&Rs. These rules are intended to prevent sound transmission that creates a noise nuisance for homeowners living beneath
HOA Dispute Attorney – Can Equitable Servitudes Be Used When An HOA Fails to Maintain Common Areas And Causes Damage to Separate Property?
In community living situations, a Homeowners Association (HOA) is responsible for maintaining Common Areas. If an HOA fails to properly maintain Common Areas, which includes sanitary sewers, roof, siding, plumbing, etc… this neglect can cause damage to an individual homeowner’s unit. In some cases, CC&Rs do not specifically address who is
Condo Damage Attorney – Only Homeowners May Bring Enforcement Actions In An HOA Dispute – And A Sale May Extinguish Such Rights
A homeowner looking to bring an enforcement action or claim damages against their HOA must do so while they still own the property governed by the HOA in question. The California Court of Appeal held that a homeowner no longer has standing to make a claim against an HOA after
HOA Dispute Attorney – California Courts May Issue Orders To Compel HOA Rules Enforcement
In the case of Ekstrom v. Marquesa at Monarch Beach Homeowners Ass’n (2008) 168 Cal. App. 4th 1111, a homeowner’s was granted an injunction against their HOA to enforce tree trimming to protect the homeowner’s view. The HOA appealed the initial ruling, contending the injunction went “overbroad” and was too